Opinion

Michael Scott v. Kimberly Garza

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 26, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued January 26, 2012.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00340-CV

———————————

Michael Scott , Appellant

V.

Kimberly

Garza , Appellee

On Appeal from the 400th Judicial District

Court

Fort Bend County, Texas

Trial Court Case No. 06-DCV-148379

MEMORANDUM OPINION

Appellant,

Michael Scott, proceeding pro se, challenges the trial court’s dismissal for

want of prosecution of his suit against appellee, Kimberly Garza. In his sole issue, Scott contends that the trial

court “committed a fundamental error by entering an order to dismiss

appellant’s claim that was void.”

We affirm.

Background

On

March 20, 2006, Scott filed an original complaint in Fort Bend County alleging

that Garza, in her capacity as a “law library officer” at the McConnell Unit of

the Texas Department of Criminal Justice (“TDCJ”), which is located in Bee

County, “maliciously denied” Scott access to the legal library, preventing him

from filing responses in a pending civil suit.

In her answer, Garza generally denied Scott’s allegations and asserted

that she had qualified immunity from suit.

Over

four years later, the trial court issued a notice of intent to dismiss the case

for want of prosecution and set a hearing for December 27, 2010, ordering Scott

to file, at least ten days prior to the hearing, a verified motion to retain

the case. Scott’s motion to retain was

belatedly filed on December 27, 2010, and, on January 21, 2011, the trial court

dismissed the case for lack of prosecution.

Scott subsequently filed a motion for new trial and notice of

appeal.

Jurisdiction

In his sole

issue, Scott argues that the trial court “committed a fundamental error by

entering an order to dismiss appellant’s claim that was void” because it “lacked

jurisdiction over events in the suit.” Scott asserts that the facts of the case

occurred in Bee County, the site of his incarceration and a “distinct and

totally different jurisdiction” than Fort Bend County, and, therefore, “the

trial court was deprived [of] power to enter order in the suit.”

“Jurisdiction” refers to the power of

a court, under the Constitution and laws, to determine the merits of an action

between parties and to render a judgment.

Gordon v. Jones , 196 S.W.3d

376, 382 (Tex. App. — Houston

[1st Dist.] 2006, no pet.).

Subject-matter jurisdiction refers to the court’s power to hear a

particular type of suit. Id.

“District court jurisdiction consists of exclusive,

appellate, and original jurisdiction of all actions, proceedings, and remedies,

except in cases where exclusive, appellate, or original jurisdiction may be

conferred by this Constitution or other law on some other court, tribunal, or

administrative body.” Tex. Const. art. 5, § 8.

In contrast, venue “refers to the propriety of prosecuting,

in a particular forum, a suit on a given subject matter with specific parties,

over which the forum must, necessarily, have subject-matter jurisdiction.” Gordon , 196 S.W.3d

at 383. “Venue pertains

solely to where a suit may be brought and [presents] a different question from

whether the court has jurisdiction of the property or thing in controversy.” Id. (citations and internal

quotations omitted). “Moreover, unlike

subject-matter jurisdiction, which may be challenged at any time, venue may be

waived if not challenged in due order and on a timely basis.” Id.

(citing Tex. R. Civ. P. 86(1) ) (internal citation omitted). “Because it may be waived, venue is not

‘jurisdictional.’” Id.

Chapter 15 of the Texas Civil Practice and Remedies Code, entitled

“Venue,” states that “an action that accrued while the plaintiff was housed in

a facility operated by or under contract with the Texas Department of Criminal

Justice shall be brought in the county in which the facility is located.” Tex.

Civ. Prac. & Rem. Code Ann. § 15.019(a) (Vernon 2002). Thus, Scott’s argument that the trial court

lacked jurisdiction because the facts of his case occurred in Bee County while

incarcerated is actually a challenge to venue.

Here, the trial court had jurisdiction over the case as a district court

where exclusive jurisdiction had not been conferred on another court, tribunal,

or administrative body. See Tex.

Const. art. 5, § 8. Accordingly,

we hold that the trial court did not lack jurisdiction to hear Scott’s case,

and the trial court’s order of dismissal is not void.

We overrule Scott’s sole issue.

Conclusion

We affirm

the order of the trial court.

Terry

Jennings

Justice

Panel

consists of Justices Jennings, Sharp, and Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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